§ 5911. Definitions; significant connection factors.

338 words·~2 min read·/pa/title-20/chapter-59/5911

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Definitions.-- The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Emergency." A circumstance:

(1)which likely will result in substantial harm to a respondent's health, safety or welfare; and

(2)for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.

"Home state." One of the following:

(1)The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian.

(2)If the requirement of paragraph

(1)is not met, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.

"Significant-connection state." A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(b)Significant connection factors.-- In determining under sections 5913 (relating to jurisdiction) and 5921(e) (relating to transfer of guardianship or conservatorship to another state) whether a respondent has a significant connection with a particular state, the court shall consider all of the following:

(1)The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding.

(2)The length of time the respondent at any time was physically present in the state and the duration of any absence.

(3)The location of the respondent's property.

(4)The extent to which the respondent has ties to the state. This paragraph includes voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services.

20c5911v

Cross References. Section 5911 is referred to in section 5921 of this title.

20c5912s